3D Realms (or what’s left of it) has come out fighting over the lawsuit filed by Take-Two last week.

In a press release that went out today, 3DR denies being “out of business” or that they owe T2 any money. They also claim that there were some last-minute negotiations with T2 over DNF that fell through.

Despite rumors and statements to the contrary, 3D Realms (3DR) has not closed and is not closing. 3DR retains ownership of the Duke Nukem franchise. Due to lack of funding, however, we are saddened to confirm that we let the Duke Nukem Forever (DNF) development team go on May 6th, while we regroup as a company. While 3DR is a much smaller studio now, we will continue to operate as a company and continue to license and co-create games based upon the Duke Nukem franchise.

(Full release can be read by clicking the link at the end of the post)

Anyone know who, exactly, is left at 3D Realms? There can’t be too many at that “much smaller studio” these days. And with no apparent funding, I can’t see how they can “co-create” anything based on DNF, when the main project went down the drain.

Going by the above, it seems 3DR is the company that owns the Duke Nukem IP, although Take-Two still has publishing rights. Interestingly, 3DR has also stated that “3DR retains certain rights to sell the game directly to the public.”

A peculiar arrangement, to say the least. In fact, the whole situation is peculiar. The suit filed in court names Apogee Software the defendant, not 3DR. Anyone know what the exact relationship is between the two companies?

No doubt Take-Two will come out with a statement soon, unless their lawyers advise against it. Stay tuned for the next development in the ongoing saga of Duke Sue-em Forever ;)

They have released several other Duke games on other systems. As the IP holder of Duke they seem to do alright. I suspect if the NDF code is of any value they will try to find someone that willing to finish the game. If it’s worthless they will simply sell the rights and hold the IP.